Brandy Rose Jones v. Jackson Public School District

Summary

The magistrate judge recommends denying Brandy Rose Jones’s motions to proceed in forma pauperis because her reported financial resources exceed the applicable poverty guideline and would allow her to pay the filing fee without undue hardship. The recommendation would give Jones 60 days to pay the costs of filing and would dismiss the action without prejudice if she fails to do so. The document also provides notice of the parties’ 14-day period to object.

Holdings

1. Plaintiff should not be permitted to proceed in forma pauperis because the financial information she submitted showed that she had sufficient available resources to pay the filing fee without undue hardship.
2. Plaintiff should be given sixty days to pay all costs associated with filing the lawsuit, with dismissal without prejudice if she failed to pay timely.

Questions Presented

1. Whether Plaintiff demonstrated sufficient financial hardship to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1).
2. Whether Plaintiff should be allowed additional time to pay the filing costs and whether failure to pay should result in dismissal without prejudice.

Disposition

other